What Are Personality Rights?
Personality rights, or "publicity rights", refer to the rights of an individual to protect and commercialise their attributes by their own desire and free choice. An individual has personality rights over their name, voice, image, likeness and other distinct personal features. This right is conferred so as to protect people from being misused and to prevent unauthorised exploitation by media companies, advertisements, merchandise and the like.
Legal Framework for Personality Rights in India
Personality rights in India are not codified yet; however, the jurisprudence of such rights has been formulated through legal doctrines and judicial precedents and interpretations. Over the years, personality rights have been recognised and protected under various legal frameworks, including:
- Right to Privacy under Article 21: the landmark judgment of Justice K.S. Puttaswamy v. Union of India (2017) recognised privacy as a fundamental right, which formed the basis for protecting an individual's persona from unauthorised commercial use and exploitation;
- Right to Freedom of Speech and Expression under Article 19(1)(a), alongside protection of life and personal liberty under Article 21: the convergence of these rights balances personality rights alongside freedom of expression, maintaining that while individuals have an exclusive right to control their identity, it cannot unnecessarily restrict artistic expression;
- The Copyright Act, 1957: it provides protection to performers by equipping them with exclusive rights over their own performances and the reproduction of them, which can include the use of their image, voice or likeness in content;
- The Trade Marks Act, 1999: this Act allows registration of unique personal attributes, such as names, signatures and mannerisms, as trademarks to prevent their unauthorised commercial use, exemplified in cases where celebrities have acted against brands misusing their photographs or likeness; and
- Torts of passing off: passing off protects people from being misrepresented, such as when someone uses a well-known face or name to falsely suggest a connection with a product, service or brand. This can mislead the public and harm the person's reputation or rights.
Points to Remember from the Case Law
- The Delhi High Court has clarified that personality rights vest exclusively with individuals, not corporations or non-living entities, emphasising that such rights are personal and linked to identity;
- The Supreme Court in Krishna Kishore Singh v. Sarla A. Saraogi (2021) ruled that personality rights, including privacy and publicity rights, cease upon death and cannot be inherited or enforced posthumously by family members; and
- Courts recognise personality rights to include voice, name, image, likeness, gestures and mannerisms. The Delhi High Court has protected celebrities such as Anil Kapoor and Jackie Shroff against misuse involving AI-generated videos, manipulated images and unauthorised merchandise, highlighting a broad and contemporary scope of personality rights.
What You Can Do to Protect Your Identity
If you are a creator, performer, or anyone whose name, image or likeness has commercial value, taking proactive steps to protect your personality rights is essential:
- Trademark your identity: register trademarks for your name and likeness;
- Use licensing agreements: insert explicit usage clauses and rights-management conditions into endorsement and content contracts;
- Monitor usage: keep an eye on digital and social media platforms for content misuse; and
- Pursue legal remedies: take action under existing intellectual property laws, privacy rights and tort principles with the help of a legal professional.
As more of a person's identity moves online, by way of a voice, a face or a recognisable style, the gap between what the law already protects and what a creator assumes is protected is worth closing before it is tested by someone else's misuse.
Disclaimer: The content of this article is intended to provide general guidance on the subject matter. Specialist advice should be sought about your specific circumstances.